Dismissed

Maman Kumar Agrawal v. State Of Bihar and Anr.

Patna HC21 Nov 2014CR. MISC./15173/2014

Case brief

AI extract

What is this about?

The Patna High Court considered a bail/quashing petition challenging a cognizance order based on disputed facts regarding an electricity department raid and tampered meter. The court held that disputed factual questions preclude interference under Section 482 Cr.P.C. and dismissed the application, though compoundable offences remain open.

What did the court decide?

The application stands dismissed. The petitioner remains open to approach authorities for compounding the offence.

Maman Kumar Agrawal Vs State Of Bihar and Anr. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 15173 of 2014

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Arising out of P.S. Case No. -110 Year- 2013 Thana - DIDARGANJ District- PATNA

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=================================================== Maman Kumar Agrawal Son of Shri Radhey Shyam Agrawal Resident of 402, Saroj Apartment, Road No.-11, Rajendra Nagar, P.S.-Kadamkuan, District-Patna.

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.... .... Petitioner/s Versus

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The State of Bihar.

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Md. Obeullah, the Assistant Electrical Engineer, South Bihar Power Distribution Co. Ltd., Electric Supply SubDivision, Didarganj, Patna City Son of Md. Atmahullah, Resident of Village Paar, P.S.-Paar, District-Muzaffarpur.

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.... .... Opposite Party/s

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=================================================== Appearance :

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For the Petitioner/s : Mr. Alok Kumar Agrawal, Adv. For the Opposite Party/s: Mr. Dasrath Mehta (APP)

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=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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04. 21.11.2014 The Petitioner seeks quashing of the order of

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cognizance dated 04.01.2014 passed by the SubDivisional Judicial Magistrate, Patna City, Patna in Didarganj P.S. Case No. 110 of 2013 (G.R. No. 2389 of 2013).

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It has been submitted on behalf of the Petitioner that the officials of the Electricity Department acted in a malafide manner while conducting the raid. Even though it was required that two independent witnesses be present at the time of search no such witness was present. The further submission is that the charge-sheet has been submitted without the seal of the alleged tampered meter having been tested. The next submission is that even before the Petitioner could arrive at the place

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Patna High Court Cr.Misc. No.15173 of 2014 (4) dt.21-11-2014

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of occurrence meter had already been detached and tampered. He however had protested at the act of the officials but they did not heed the same. Also the connected load was within the prescribed limitation.

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On the other hand, Counsel for the Electricity Department submits that the Petitioner had filed a Writ Application against the bill but he had not disputed the assessment which was based on the very same search operation hence the Petitioner’s objection on this issue in the present application is not legally tenable.

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Having considered that the Petitioner seeks quashing on disputed questions of fact which can not be gone into at the stage of Section 482 Cr.P.C. and both the parties will have adequate opportunity to place their bona fides before a Court of law, I am not inclined to interfere in the matter.

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The application stands dismissed.

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However, it will be open to the Petitioner to approach the authorities for compounding the offence which shall be dealt with in accordance with the provisions of the Act.

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(Anjana Prakash, J.)

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Vikash/-

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U T

Maman Kumar Agrawal v. State Of Bihar and Anr.

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What is this about?

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Maman Kumar Agrawal v. State Of Bihar and Anr.

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